Culpable Homicide and Murder are two very vital components of offences affecting the life of human beings.
According to section 299 of the Indian Penal Code, “Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death”, is said to have committed the offence of culpable homicide.
Culpable Homicide is also termed as “manslaughter” under the English Law of Crime.
The essential features of Culpable Homicide are as follows:-
Causing of Death by doing an act
The act of causing death must be done-
with the intention of causing death
with the intention of causing such bodily injury as is likely to cause death
with the knowledge that such act is likely to cause death
Though an act may cause death, it will not amount to culpable homicide unless these conditions are fulfilled.
The word “murder” is derived from the German word “mortna” which means secret killing.
Murder can be looked upon as an aggravated form of culpable homicide. It becomes difficult to distinguish between murder and culpable homicide as the causing of death is common in both instances. Perhaps, the difference lies in the degree of intention or knowledge of the fatal consequences. However, there are certain exceptions to murder which can be grouped as follows:-
Provocation
Private Defence
Exercise of Legal Power
Absence of premeditation ( as for example a sudden fight)
